ABC7 News has confirmed with the Gaithersburg Director of Planning and Codes that a fence surrounding the pond had been installed in October – but for reasons unclear, it was not up when the boys ventured onto the ice.

Carter Petersen says he often saw the boys playing in the area, and informed us that on Wednesday a new fence was erected around the pond.

"I know the fence did not go up until after it was too late, I'm afraid," he said. "Sad, they were good kids. They were nice kids."